State Sen. Scott Bundgaard resigns from Legislature

134 comments by Alia Beard Rau, Mary Jo Pitzl and Mary K. Reinhart - Jan. 6, 2012 11:20 PM
The Arizona Republic

Scott Bundgaard abruptly resigned from the Arizona Senate on Friday, shortly before he was to testify before the chamber's Ethics Committee about an altercation last year with his then-girlfriend.

The resignation surprised lawmakers as well as Bundgaard's attorneys. Bundgaard delivered his resignation letter to the office of Senate President-elect Steve Pierce during the five-member committee's lunch break.

Bundgaard, a Peoria Republican, left the Capitol before the news was announced.

His short letter gave no indication why Bundgaard chose to suddenly resign. But lawmakers and attorneys familiar with the Ethics Committee investigation said that, after a day and a half of damning testimony, the Senate likely would have expelled Bundgaard.

Pierce issued a statement accepting Bundgaard's resignation.

"I believe Scott did what was best for himself and his family, and for the state Senate as well," Pierce said. "I am hopeful we can put this distraction to rest and start the upcoming legislative session with our full focus on working for the people of this great state."

The session starts Monday.

If Bundgaard had not resigned, the Legislature would have started the session with a vote on his fate. The committee had intended to conclude its hearings Friday. It could have voted to dismiss the ethics complaint filed by Sen. Steve Gallardo, D-Phoenix, or asked the full Senate to reprimand, censure or expel Bundgaard.

The Ethics Committee's independent counsel was set to recommend expulsion. Senate leaders early Friday polled members on whether they would vote to expel Bundgaard. Several senators said there was support to do so.

On Thursday, the committee heard testimony from Bundgaard's former girlfriend Aubry Ballard, as well as several witnesses and law-enforcement officers who responded to the altercation.

Their combined testimony painted a picture of a possibly intoxicated Bundgaard getting into a quarrel with Ballard and stopping his car on the side of Arizona 51, partly in the HOV lane. During the quarrel, witnesses said, he hit Ballard, yanked her from the car into the HOV lane and shook her.

Ballard testified to hitting Bundgaard once that night. She also said Bundgaard had choked and thrown her during a quarel nearly two months before the Feb. 25 incident, after both had been drinking on New Year's Eve. She did not report that incident to police.

Ballard issued a statement after Bundgaard's resignation, saying she was eager to put "this unfortunate assault in the past and get on with my life."

"Together with my family and friends, I believe it's now truly possible to move forward in a positive direction," Ballard said.

In his resignation letter, Bundgaard simply wrote, "It has been my honor and pleasure to serve the people of Legislative District 4 for the past year. My years of service in the Arizona state Legislature have been some of the most profoundly satisfying of my life."

Sen. Ron Gould, Ethics Committee chairman, said he was relieved the issue has been resolved and called it a good day for Arizona.

"I'm glad that Senator Bundgaard did the right thing," said Gould, R-Lake Havasu City. "I think he's done all of us a favor."

Gallardo said he was surprised Bundgaard waited so long to resign. Bundgaard in August pleaded no contest to misdemeanor endangerment.

"It's just unfortunate he put the Arizona Senate through this, the amount of money spent to conduct the hearing, the fact that we had Ms. Ballard go through this whole night all over again," he said.

Gallardo said the entire process sends a loud message to victims that domestic violence will not be tolerated and to state lawmakers that they will be held accountable for their actions.

Bundgaard's attorneys appeared as stunned as the committee did by his decision. Attorney Shawn Aiken said he didn't know why Bundgaard made the decision when he did, but said the attorneys believed the committee would have recommended expulsion regardless of his testimony.

"Three members already expressed their desire to have him resign," Aiken said. "It would have been at least a 3-2 vote, maybe worse."

Bundgaard will have to be replaced, although the GOP leader in his northwest Valley district said she was "deeply disappointed" with the hearing, which she called politically motivated.

"I am even more disappointed by the sudden resignation of Senator Bundgaard as a result of these unnecessary proceedings," Jeanette Dubriel said in a statement.

She will now lead the search for a replacement. Republican precinct committee members in District 4 will recommend three people to serve the remainder of his term, which ends this year. The Maricopa County Board of Supervisors will choose his replacement from the recommendations.

One of the candidates to replace Bundgaard is likely state Rep. Judy Burges, R-Sun City West. She represents the district and has indicated she would run for the Senate seat this summer.

Bundgaard joins a long line of politicians who have tried to hang on to their jobs in the face of scandal.

"It's such a common story," said Tobe Berkovitz, a Boston University communications professor who advises politicians on media strategy. "A politician who does something egregious or stupid or vile just doesn't have the same kind of public reaction that someone else would."

Berkovitz said it's often ego, often the hope the public will lose interest, and sometimes a complete lack of shame. And they are loath to give up the perks of public office.

"Politicians, when they're walking through the halls of a government building, are kings and queens," he said. "That's a real aphrodisiac for these people. You start to think that the rules don't necessarily apply to you."

Longtime political pollster Bruce Merrill said Bundgaard probably realized he was unlikely to survive a full Senate vote.

"This is a way for him to resign rather than be removed," Merrill said. "They count noses down there, and they know who is supporting him and who isn't."

That the Ethics Committee put pressure on Bundgaard and followed through with hearings reflects well on the Senate, he said, but it's unlikely to change the overall dim public view of the Legislature.

In a yet-to-be-released poll he conducted, Merrill said, just 14 percent of voters have a positive opinion of the Legislature.

The last time an Arizona lawmaker resigned in the face of scandal was in 2008. Rep. Mark DeSimone, D-Phoenix, quit a month after his wife reported to police that he punched her repeatedly in the face during a quarrel.

Read more: http://www.azcentral.com/news/electi...#ixzz1inCdBsPb